The state of Texas allows both fault and no-fault grounds for divorce. Fault-based grounds for divorce include cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement to a mental hospital. In a no-fault divorce, however, the court will not assign blame to either party for the divorce. Texas no-fault divorce papers state that the marriage has become ‘insupportable due to conflict between the parties and that there is no reasonable expectation of reconciliation’ (i.e., the two parties no longer get along) as one of its main grounds for divorce.

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Residency Requirements

Either the petitioner or respondent must have lived in the state of Texas for at least 6 months, as well as in the county where you are filing for divorce for a minimum of 90 days. Both of these requirements must be met before filing for the divorce.

Fill Out your Forms

When filing for a no-fault divorce, various forms need to be completed. Any couple filing for a no-fault divorce should complete the Original Petition for Divorce and the Summons Form. Couples with children must complete several additional forms. Forms to be completed by people filing for no-fault divorce in Texas  include:

For Couples without Children:


For Couples with Children:


If both parties agree about the terms of the divorce, they can complete a Divorce Settlement Agreement, where all the terms of their agreement are clearly stated. Rocket Lawyer’s easy interview process can walk you through completing your detailed agreement.

Make Copies of your Forms


Once you have filled out the appropriate forms, make at least three copies of each. One set will be served to your spouse, one to be filed with the state, and one should be kept for your records.

Bring your Completed Forms to your Court Clerk’s Office and Pay the Fee

Proceed to your court clerk’s office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. You can also ask for an Affidavit of Inability to Pay if you cannot afford to pay them.

If your spouse lives in another state or country, make sure to consult a lawyer before filing.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.